Legal Opinion

Smith v. Chytraus

Illinois Supreme Court

Decided October 29, 1894PublishedCited by 13 opinions

Writ op Error to the Circuit Court of Cook county; the Hon. Oliver H. Horton, Judge, presiding. On the 9th day of March, 1891, a decree was entered of record in the circuit court of Cook county, in the case of Edward G. Smith against Axel Chytraus, the Equitable Trust Company, and others. The court first made various findings of fact.

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Writ op Error to the Circuit Court of Cook county; the Hon. Oliver H. Horton, Judge, presiding. On the 9th day of March, 1891, a decree was entered of record in the circuit court of Cook county, in the case of Edward G. Smith against Axel Chytraus, the Equitable Trust Company, and others. The court first made various findings of fact. The decree then proceeded as follows : “The court being now fully advised in the premises, doth order, adjudge and decree, that if, within sixty days from this date, the said complainant, his heirs or assigns, pay said defendants, Chytraus, Carson, Haugen and…

1Opinion of the CourtJustice Baker

Section 67 of the Practice act expressly authorizes circuit courts to grant appeals from all final judgments, orders and decrees, but with the limitation that the appeal must be prayed for and allowed at the term at which the judgment, order or decree is rendered. Here the appeal was prayed for by Chytraus and the other defendants immediately upon the rendition of the decree against them, and forthwith allowed by the court, and the terms fixed upon which the appeal might be taken. It appears that afterwards these conditions were complied with, and the appeal perfected. When an appeal is…

2Cases cited6 opinions

  1. Hake v. StrubelIllinois Supreme Court · 1887
  2. Brady v. BurkeCalifornia Supreme Court · 1891
  3. Oakes v. WilliamsIllinois Supreme Court · 1883
  4. Reynolds v. PerryIllinois Supreme Court · 1850
  5. Gage v. RohrbachIllinois Supreme Court · 1870

1 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. Merrifield v. Western Cottage Piano & Organ Co.Illinois Supreme Court · 1909
  2. Robinson v. RuprechtAppellate Court of Illinois · 1909
  3. Sinclair v. SinclairAppellate Court of Illinois · 1922
  4. Billboard Publishing Co. v. McCarahanAppellate Court of Illinois · 1909
  5. Daly v. KohnIllinois Supreme Court · 1907

8 more not listed; retrieve them via the Exa API.

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